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    #16
    Originally posted by southernbelle View Post
    I just heard back from my atty's ofc. and they said

    "(Trustee name) is actually the most difficult and thorough of the Middle District trustees, but if you have all the information she requests (which I know you do), you'll be fine."

    I guess I have to be prepared 110% now. It seems I might have some choppy waters ahead.

    Your lawyer is just doing the CYA. How could he possibly put in writing anything much unlike what he did?

    You are on your way......yay!

    ep
    California Bankruptcy Central

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      #17
      Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
      341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
      Case Closed 07/15/2009 :D:yahoo:

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        #18
        Southernbelle, a couple of things.

        First, the list of USTs can be found at the U.S. Trustee program website, http://www.usdoj.gov/ust/ -- look for a box called "U.S. Trustee Regions and Offices" and click on that link. But I don't recommend contacting him/her, not only because you don't want to raise undue interest, but primarily because you are not pro se and you do have an atty. In general I have gotten the impression that when a debtor represented by an atty calls a trustee directly, the trustee resents it because they feel like they're doing the debtor atty's work for them. Trust me, if they want to talk with you, they will.

        The other thing is, don't be too shocked at the list of docs requested. Mine was very similar, and it was a boilerplate form letter from this trustee. In other words, this is what he wanted PRIOR to asking any questions! The way I handled it was to attach a letter to my big honkin' pile of photocopies that listed each enclosed item, and for every item not included I explained why, so his entire list was covered and documented. Because your case is complex and you're putting in the time anyway, this might not be a bad idea for you to do either: it completely circumvents ANY "I requested this but didn't receive it," or "I don't have your ____ paperwork" from the trustee, because your cover letter acts as a quick index for exactly what you did and did not send. Took me an extra ten minutes, but I was glad to do it so that I could tell at a glance what I had provided, if it ever came up. And it didn't.

        And yeah, you're right, coughing up a couple dead trees now may well save you from having to wait through a continuance at your 341, so in a way it's good news.

        You already know this, but I wish you all the best!!! Fingers crossed for you on the 6th...
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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          #19
          I hope yours goes smooth...mine is 5/5 and I can't wait to get it over with !! I saw my attorney yesterday (to sign 722 redemption form) and she said she hasn't heard from the trustee... anyone know, do they usually have contact before hand ???? I asked her was that a good thing or bad thing and she answered she wasn't sure ??? That made me a little nervous. Also she said she hasn't worked with that trustee in a really long time which also made me nervous. I really can't wait for the 5th to get it over with lol !

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            #20
            southernbelle...I forgot you do have an attorney. freshlikeadaisy is right about the UST talking to you when you have an attorney...if fact he may not even talk to you because you have an attorney...the one advantage of doing this 'pro se'.

            You will have to rely on your attorney to make sure the UST keeps the panel trustee in check. panel trustee's sometimes forget I think when they are dealing with a business (non-consumer) debtor and try to apply all of the hoops the consumer debtor has to jump through to the business debtor.

            Your attorney is a business bk attorney, right??

            Comment


              #21
              Sorry for the delay in responding biotech, yes my atty is a BK atty. that has dealt with a business BK many times before, but I've heard some horror stories about atty's not doing what they're getting paid for and just want to keep on top of things, but so far (knock wood) they've been great. I don't have any complaints.

              Thanks for the elaboration on the pro se vs. atty. representation issue regarding contacting the UST. I'm actually kinda glad I don't have to deal with that.

              Fresh, we think alike. I turned in all of the info. the local trustee asked for and included a signed cover letter which addressed each item on her list point by point to make sure she was aware of the fact that I DID submit all of the related items she requested. That was a giant pile of papers and I had yellow stickies on some of it for clarification. Either she will think I'm organized or psychotic.

              I'm just relieved that my extra retirement money is a "qualified" plan and I shouldn't have to get grilled to badly at the 341 by her. The UST could be a completely different story. I can't wait to see what happens with that because I just read on another post where the UST has 30 days after the 341 to object and if that is true, I'll be on pins and needles (like everyone else) and praying til then. Not being required to take the Mean's test could make this whole process very interesting. I still plan to take my cart full of paperwork with me to the 341. Who knows, maybe it will help.

              Thanks again for all of your help.
              Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
              341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
              Case Closed 07/15/2009 :D:yahoo:

              Comment


                #22
                Originally posted by southernbelle View Post
                Fresh, we think alike. I turned in all of the info. the local trustee asked for and included a signed cover letter which addressed each item on her list point by point to make sure she was aware of the fact that I DID submit all of the related items she requested. That was a giant pile of papers and I had yellow stickies on some of it for clarification. Either she will think I'm organized or psychotic.
                Heh! You rock!

                I thought about yellow stickies... but instead wrote a caption on every page with a big purple pen. Normally I don't go for defacing docs, but just in case it got photocopied or shuffled on down the line, I didn't want to take the chance a sticky would get unstuck. (Yeah, I'm anal retentive. ) For instance, the car estimate I included from NADA, I circled the price and then subtracted out necessary repairs in the margin, and made the total unmistakably huge.

                Between that sort of thing and the big purple ink and the cover letter, he could've been a 5th grader and figured it out. Which is exactly what I was going for. I didn't know how mashed up my stuff would get by passing through the hands of his staff, so I really did dumb it down deliberately.

                Yeah, I too figured he would think me either brilliant or insane. Given that I now have my discharge in hand, *brilliant* would seem to be the operative term...

                You'll have yours soon too! Crossing my fingers for ya...
                Last edited by FreshLikeADaisy; 04-21-2008, 10:36 AM.
                Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                Comment

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